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Perspective - Blog

New Digital Regulators on the 2023 Horizon: the Digital Markets Unit and the European Centre for Algorithmic Transparency

Published on 02 Dec 2022. By David Cran, Partner, Head of IP & Tech and Chris Ross, Partner

For a number of years, the UK Government has been laying the groundwork to bring in a digital markets regime to regulate digital firms designated as having ‘strategic market status’ (SMS). To be designated as having SMS, a firm must have 'substantial and entrenched market power' in at least one activity. Companies having SMS are likely to include the largest tech firms such as Amazon, Apple, Google, Microsoft and Meta (the so called 'GAMMA' firms).

Perspective - Blog

Digital services providers—Commission to focus on implementation phase of EU consumer protection legislation

Published on 31 Oct 2022. By David Cran, Partner, Head of IP & Tech and Ellie Chakarto, Senior Associate

The Digital Services Act (DSA) and the Digital Markets Act (DMA) are published in the Official Journal and the plenary vote of the European Parliament on the proposed text of the AI Act is expected once amendments are agreed by negotiators. The Commission is now turning its focus to the implementation phase of these landmark regimes. So, what does the future hold for the European tech sector and how might it differ for the UK?

Perspective - Blog

The EU Digital Markets Act - a focus on gatekeeper obligations and sanctions

Published on 12 Oct 2022. By David Cran, Partner, Head of IP & Tech and Joshy Thomas, Knowledge Lawyer

What key obligations will the Digital Markets Act (DMA) impose on online platforms designated as gatekeepers?

Perspective - Blog

CMA ends its investigation into online console gaming subscription practices

Published on 14 Jun 2022. By Jonathan Greenway, Senior Associate and Joshua Charalambous, Partner

The UK Competition Markets Authority (CMA) has now closed its investigation into subscription practices in the online console gaming sector after key players Sony, Nintendo and Microsoft committed to making improvements to their contract terms with a view to better protecting customers.

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Perspective - Blog

Telecoms supply agreement excludes "loss of profit" claim under "anticipated profits" liability exclusion (EE v Virgin Mobile)

Published on 25 Aug 2023. By Helen Armstrong, Partner and Ben Harris, Associate and Joshy Thomas, Knowledge Lawyer

In line with a number of recent cases, in EE Limited v Virgin Mobile Telecoms Limited [2023] EWHC 1989 (TCC) the courts have shown that parties generally cannot avoid clear wording contained in exclusion clauses in order to recover losses that have been expressly excluded (in this case, loss of profits).

Perspective - Blog

Rolls-Royce entitled to hit the brakes in dispute over termination of a software services agreement (Topalsson v Rolls-Royce)

Published on 14 Aug 2023. By Helen Armstrong, Partner and Ben Harris, Associate and Joshy Thomas, Knowledge Lawyer

In Topalsson GmbH v Rolls-Royce Motor Cars Limited [2023] EWHC 1765 (TCC), the High Court has provided useful guidance on how to determine whether a software implementation timeline agreed by the parties is binding, when implementation is considered complete and in what circumstances failing to complete implementation by the contractual deadlines entitles the customer to terminate the contract.

Perspective - Blog

A narrow escape – software services provider entitled to rely on single aggregate liability cap (Drax v Wipro)

Published on 25 Jul 2023. By Helen Armstrong, Partner and Ben Harris, Associate and Joshy Thomas, Knowledge Lawyer

When it comes to bespoke software development projects, a lot can go wrong. There's risk for the customer such as project delays, software defects, functionality issues and a lack of meeting of minds in terms of project requirements.

Perspective - Snapshot

What in the AI is going on… April to June 2024

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Meta launched its newest generation of its open-source LLM (large language model), Llama 3, which is the technology that powers its AI systems. The launch of Llama 3 signals a step closer to human-like AI that can reason and bestow a memory. OpenAI also discussed plans for its next AI model, GPT-5. Like Llama 3, GPT-5 will see improvements to the model’s planning and reasoning capabilities, going beyond its current capability to deal with discrete tasks. GPT-5 is expected to be released later in the year.

Perspective - Snapshot

CMA publishes update paper on AI Foundation Models

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What is the state of play for the market of AI Foundation Models (FM) and what issues in the market is the Competition and Markets Authority (CMA) most concerned about?

Perspective - Snapshot

EU AI Act is signed!

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the core elements of the EU’s Artificial Intelligence Act and how does it impact the regulation of AI systems?

Perspective - Snapshot

Online Safety Act: Ofcom consults on draft codes to protect children online

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What must businesses do to ensure online safety for children under the latest codes of practice published by Ofcom?

Perspective - Snapshot

UK’s Digital Regulation Co-operation Forum announces new AI and Digital Hub Pilot

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What is the AI and Digital Hub and how can AI innovators use it?

Perspective - Snapshot

EU designates Apple a gatekeeper for iPadOS but not for iMessage

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Can a business avoid being designated a “gatekeeper” under the Digital Markets Act (DMA) even if it satisfies the quantitative criteria under the DMA?

Perspective - Snapshot

New EU guidelines on mitigating risks for electoral

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the European Commission’s new guidelines and how do they protect the integrity of electoral processes?

Perspective - Publication

Cyber_Bytes Issue 66

Published on 08 Aug 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Rachel Ford, Partner and Ian Dinning, Senior Associate and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate and Lauren Kerr, Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Publication

Cyber_Bytes Issue 65

Published on 11 Jul 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Rachel Ford, Partner and Ian Dinning, Senior Associate and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate and Lauren Kerr, Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Publication

Data dispatch - July 2024

Published on 05 Jul 2024. By Jon Bartley, Partner

Welcome to the fifth edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a regular basis with an easy-to-digest summary of key developments in data protection law.

Perspective - Blog

How will the "Genny lec" impact the world of cyber and tech?

Published on 24 Jun 2024. By Rachel Ford, Partner and Helen Monachan, Associate

On 22 May 2024, Prime Minister Rishi Sunak stood in the pouring rain to announce a General Election, thus commencing a summer of political and meteorological uncertainty for those in the UK.

Perspective - Blog

2024 Amendments to the Cybersecurity Act 2018

Published on 19 Jun 2024. By Nick Lauw, Partner and Pu Fang Ching, Senior Associate

The Cybersecurity Act 2018 (the "Act") first came into force more than 6 years ago to establish a legal framework for the oversight and maintenance of national cyber security in Singapore.

Perspective - Blog

Providing the identity of third-party recipients of personal data to a data subject – helpful guidance from the High Court

Published on 13 Jun 2024. By Alex Vakil, Partner

The High Court has handed down a helpful judgment for data controllers responding to data subject access requests which analyses the circumstances in which it may be appropriate for a data controller to withhold the identities of third parties who have been provided with a data subject's personal data.

Perspective - Publication

Cyber_Bytes Issue 64

Published on 04 Jun 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Publication

Cyber_Bytes Issue 63

Published on 10 May 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Publication

Data dispatch - April 2024

Published on 17 Apr 2024. By Jon Bartley, Partner

Welcome to the fourth edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a regular basis with an easy-to-digest summary of key developments in data protection law.

Perspective - Publication

Cyber_Bytes - Issue 62

Published on 03 Apr 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Publication

Cyber_Bytes Issue 61

Published on 05 Mar 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Publication

Cyber_bytes - Issue 60

Published on 06 Feb 2024. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Publication

Data dispatch - January 2024

Published on 01 Feb 2024. By Jon Bartley, Partner

Welcome to the third edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a monthly basis with an easy-to-digest summary of key developments in data protection law.

Perspective - Publication

Data dispatch - December 2023

Published on 12 Dec 2023. By Jon Bartley, Partner

Welcome to the second edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a monthly basis with an easy-to-digest summary of key developments in data protection law.

Perspective - Publication

Cyber_Bytes - Issue 59

Published on 08 Dec 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Blog

Fines for PDPA Breaches: How Clear is the Crystal Ball?

Published on 16 Nov 2023. By Nick Lauw, Partner and Pu Fang Ching, Senior Associate

The Singapore Personal Data Protection Commission ("PDPC") has recently issued a number of new enforcement decisions.

Perspective - Publication

Cyber_Bytes - Issue 58

Published on 08 Nov 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Publication

Data dispatch - October 2023

Published on 31 Oct 2023. By Jon Bartley, Partner

Welcome to the first edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a monthly basis with an easy-to-digest summary of key developments in data protection law.

Perspective - Snapshot

New data bridge to allow for UK-US data transfers

Published on 24 Oct 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

How will the recently approved data bridge impact transfers of personal data from the UK to the US?

Perspective - Snapshot

UK ICO publishes draft biometric data and technologies guidance for public consultation

Published on 24 Oct 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the key considerations which the Information Commissioner’s Office (ICO) proposes organisations should be aware of when implementing biometric recognition systems?

Perspective - Snapshot

UK ICO and CMA release joint position paper on harmful design in digital markets

Published on 24 Oct 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the impacts of the ICO and CMA joint position paper on “Harmful Design in Digital Markets” and what action should companies take in light of its guidance?

Perspective - Snapshot

New Development: Updated ICO guidance on “likely to be accessed by children”

Published on 24 Oct 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Following consultation, the ICO has updated its guidance “Likely to be accessed’ by children – FAQs, list of factors and case studies”.

Perspective - Snapshot

UK ICO publishes joint statement on data scraping and the protection of privacy

Published on 24 Oct 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the key privacy risks that the UK Information Commissioner’s Office (ICO) expects organisations to consider when hosting publicly accessible personal data and how can those privacy risks be mitigated?

Perspective - Publication

Cyber_Bytes - Issue 57

Published on 11 Oct 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Publication

Cyber_Bytes - Issue 56

Published on 01 Sep 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Press and Media

Ofcom faces 30,000 cyber attacks a week, new data reveals

Published on 29 Aug 2023. By Richard Breavington, Partner

NCSC warn that UK infrastructure and businesses face heightened threat of cyber attacks

Perspective - Publication

Cyber_Bytes - Issue 55

Published on 01 Aug 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Perspective - Snapshot

ICO publishes new guidance on privacy in the product design lifecycle

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are the key privacy considerations that the Information Commissioner’s Office (ICO) expects organisations to implement in the design and development of their new products and services?

Perspective - Snapshot

The new Data Act and the EU’s vision for non-personal data sharing in Europe

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What does the proposed EU Data Act mean for the usage and sharing of non-personal data by businesses?

Perspective - Snapshot

European Data Protection Board updates guidance on data breach notifications

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How does the recent update to the European Data Protection Board (EDPB) guidance impact data breach notifications for businesses?

Perspective - Snapshot

CJEU rules on right to compensation under Article 82 EU GDPR

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What must a data subject demonstrate to claim compensation for non-material damage (eg emotional distress/loss of confidence) under the EU General Data Protection Regulation (GDPR)?

Perspective - Snapshot

Irish Data Protection Commission decision muddies the water for Meta’s EU-US data transfers

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are the implications of the Irish Data Protection Commission’s (IDPC) ruling against Meta for data transfers from the EU/EEA to the US in breach of the EU GDPR?

Perspective - Snapshot

EU Data Protection Board guidance on international data transfers

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How does the recent guidance issued by the European Data Protection Board (EDPB) assist businesses in complying with the EU GDPR when carrying out international data transfers?

Perspective - Snapshot

Opinions aplenty on the European Commission’s draft adequacy decision regarding the EU-US Data Privacy Framework

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How have the EU law-making institutions reacted to the draft adequacy decision regarding the EU-US Data Privacy Framework (DPF)?

Perspective - Snapshot

Italian Data Protection Authority issues fine for use of dark patterns

Published on 07 Jul 2023. By David Cran, Partner, Head of IP & Tech

How can companies ensure that their websites, apps and other online interfaces comply with regulations restricting the use of dark patterns when collecting consent to the processing of personal data?